NIETO v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey·Decided November 26, 2024·No. 3:23-cv-22755·Unknown

Opinion

NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

MICHAEL A. N., Plaintiff, Civil Action No. 23-22755 (ZNQ) v. OPINION COMMISSIONER OF SOCIAL SECURITY, Defendant.

QURAISHEL District Judge THIS MATTER comes before the Court upon Plaintiff Michael N.’s (“Plaintiff’) appeal of the Social Security Administration’s denial of his application for Disability Insurance Benefits under Title IT of the Social Security Act, 42 U.S.C. § 423, ef seg. (ECF No. 1.) The Court has jurisdiction to review this appeal under 42 U.S.C. §§ 405(g) and 1383(c) and reaches its decision without oral argument under Federal Rule of Civil Procedure 78 and Local Civil Rule 78.1. After reviewing the parties’ submissions and the Administrative Record (“AR”), the Court finds that the Administrative Law Judge’s (“ALJ”) decision was based on substantial evidence. Accordingly, the decision will be AFFIRMED, I. BACKGROUND The issues before the Court are: (1) whether the ALJ failed to properly categorize Plaintiff's medically determinable impairments (“MDIs”) as severe or non-severe; (2) whether the ALJ properly examined Plaintiff's MDIs at Step 3 against the Commissioner’s Listings separately

' The Court identifies Plaintiff by first name and last initial only, See D.N.J. Standing Order 2021-10,

and in combination, and (3) whether the decisional Residual Functional Capacity (“RFC”) was based on substantial evidence and reflective of the ALJ’s findings. A. Procedural Posture Plaintiff is a veteran who has been awarded a 100% disability rating by the Veteran’s Association related to a combination of conditions including traumatic brain injury (“TBI”), migraines, and posttraumatic stress disorder (“PTSD”) related to his service, (PI, Br. at 12, 18; AR 35, 79.) This is Plaintiff's second application for social security disability insurance benefits and a period of disability in front of the same ALJ. (Compare AR 34 with id. 85.) On December 10, 2021, Plaintiff filed a protective application for a period of disability and for disability insurance benefits, alleging a disability onset date of January 12, 2021. (AR 24.)* The Social Security Administration (“SSA”) denied the request both initially and on reconsideration. (Jd) Thereafter, Plaintiff requested a hearing, which was held in Richmond, Virginia on May 24, 2023. Plaintiff was represented by counsel, and an impartial vocational expert also appeared at the hearing. Ud.) On July 11, 2023, the presiding ALJ issued a decision finding that Plaintiff is not disabled under sections 223(d) and 216() of the Social Security Act, and Plaintiff appealed. □□□ 1, 37.) The SSA’s Appeals Council denied Plaintiff's request for review, finding no grounds for review of the ALJ’s decision. Ud. 1.) Accordingiy, Plaintiff initiated the instant appeal before this Court. (ECF No. 1.) On April 25, 2024, Plaintiff filed his Opening Brief (“Pl, Br.,” ECF No. 9). The Commissioner filed a brief in opposition (“Def. Br...” ECF No. 11).

? The full Administrative Record in this case can be found from ECF No. 4-4—-14. All citations from these documents wiil be directly to the AR number rather than document specific page numbers. The alleged onset date for the application on appeal was later modified to January 21, 2021,

B. The ALJ’s Decision On July 11, 2023, the ALJ determined that Plaintiff was not disabled under the prevailing Administration regulations. (See generally AR 24-37.) The ALJ set forth the five-step process for determining whether an individual is disabled. (/d. 25-27 (citing 20 C.F.R. § 404.1520 et seq.) ) Plaintiff had a prior disability claim for a different time period adjudicated by the same presiding ALI. (Ud. 27; “Prior Decision,” AR 67-89, The ALJ in the instant matter set forth the standard in the Fourth Circuit for a subsequent adjudication after an ALJ has adjudicated a previously filed disability claim covering a different time period. (/d, 27.)* In the Fourth Circuit, “where a final decision by an Administrative Law Judge ... contains a finding required at a step in the sequential evaluation process for determining disability, the agency must consider such finding as evidence and consider its persuasiveness in light of all relevant facts and circumstances when adjudicating a subsequent disability claim involving an un-adjudicated period.” (/d.) In determining the persuasiveness of a prior finding, the subsequent ALJ should consider factors such as: “(1) whether the fact on which the prior finding was based is subject to change with the passage of time, such as a fact relating to the severity of a claimant's medical condition; (2) the likelihood of such a change, considering the length of time that has elapsed between the period previously adjudicated and the period under consideration in the subsequent claim; and (3) the extent that evidence not considered in the final decision on the prior claim provides a basis for making a different finding with respect to the period being adjudicated in the subsequent claim.” (id. (citing Social Security Acquiescence Ruling [“SSAR”] 00-1(4)).) At step one, the ALJ found that Plaintiff has not “engaged in substantial gainful activity” since the disability onset date, January 21,2021. Ud. 27 (citing 20 C.F.R. § 404.1571 ef seg.) □ At

The prior application alleged a period of disability and disability insurance benefits with an onset date of October 1, 2019. (AR 67.) The prior decision was issued January 14, 2021. (AR 85.) 4 Plaintiff and the ALJ appear to be located in the Fourth Cireuit.

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